Ill. Admin. Code tit. 35 § 811.302

Current through Register Vol. 48, No. 49, December 6, 2024

Section 811.302 - Facility Location

a) No part of a unit may be located within a setback zone established pursuant to Section 14.2 or 14.3 of the Act;

b) No part of a unit may be located within the recharge zone or within 366 meters (1200 feet), vertically or horizontally, of a sole-source aquifer designated by the United States Environmental Protection Agency pursuant to section 1424(e) of the Safe Drinking Water Act ( 42 USC 300f et seq.), unless there is a stratum between the bottom of the waste disposal unit and the top of the aquifer that meets the following minimum requirements:

1) The stratum has a minimum thickness of 15.2 meters (50 feet);

2) The maximum hydraulic conductivity in both the horizontal and vertical directions is no greater than 1x10^-7 centimeters per second, as determined by in situ borehole or equivalent tests;

3) There is no indication of continuous sand or silt seams, faults, fractures, or cracks within the stratum that may provide paths for migration; and

4) Age dating of extracted water samples from both the aquifer and the stratum indicates that the time of travel for water percolating downward through the relatively impermeable stratum is no faster than 15.2 meters (50 feet) in 100 years.

c) A facility located within 152 meters (500 feet) of the right of way of a township or county road or state or interstate highway must have its operations screened from view by a barrier of natural objects, fences, barricades, or plants no less than 2.44 meters (eight feet) in height.

d) No part of a unit may be located closer than 152 meters (500 feet) from an occupied dwelling, school, or hospital that was occupied on the date when the operator first applied for a permit to develop the unit or the facility containing the unit, unless the owner of such dwelling, school, or hospital provides permission to the operator, in writing, for a closer distance.

e) The facility may not be located closer than 1525 meters (5000 feet) of any runway used by piston type aircraft or within 3050 meters (10,000 feet) of any runway used by turbojet aircraft unless the Federal Aviation Administration (FAA) provides the operator with written permission, including technical justification, for a closer distance.

f) An owner or operator proposing to locate a new MSWLF unit within a five-mile radius of any airport runway used by turbojet or piston-type aircraft must notify the affected airport and the FAA within seven days after filing a permit application with Agency in accordance with 35 Ill. Adm. Code 813 for developing a new landfill.

Ill. Admin. Code tit. 35, § 811.302

Amended at 28 Ill. Reg. 9107, effective June 18, 2004

Amended at 42 Ill. Reg. 21330, effective 11/19/2018

BOARD NOTE: Subsections (e) and (f) are derived from 40 CFR 258.10 (2017). USEPA added the following information in a note appended to 40 CFR 258.10: A prohibition on locating a new MSWLF near certain airports was enacted in section 503 of the federal Wendell H. Ford Aviation Investment and Reform Act for the 21^st Century (Ford Act) ( 49 USC 44718(d)) . Section 503 prohibits the "construction or establishment" of a new MSWLF after April 5, 2000 within six miles of certain smaller public airports unless the FAA allows an exemption. The FAA administers the Ford Act and has issued guidance in FAA Advisory Circular 150/5200-34, dated August 26, 2000. For further information, please contact the FAA.